Baltimore

Overview

Zuckerman Spaeder’s Baltimore office is a prominent source of legal talent for businesses and individuals facing complex civil, criminal, and regulatory litigation in Maryland. Our team is widely recognized in the legal community as an elite group of trial lawyers with remarkable depth and breadth of experience and leadership. Our Baltimore lawyers include a former U.S. Attorney, two former Assistant U.S. Attorneys, and six former appellate court clerks, including a former U.S. Supreme Court clerk.

Over the years, the lawyers in our Baltimore office have demonstrated a commitment to public service and have become leaders in the community. Several of our Baltimore partners have served terms as presidents of the Maryland Chapter of the Federal Bar Association; one is currently a member of the Board of Regents of the American College of Trial Lawyers’; and our attorneys have served in leadership positions and on committees of the American Bar Association, state and local bar associations, and the U.S. District Court for the District of Maryland.

Most of our attorneys are listed in The Best Lawyers in America, and three have been named Maryland Lawyers of the Year. The office and its attorneys have been similarly recognized in U.S. News and World Report, Chambers USA, Benchmark Litigation, and other local and legal industry publications.

Experience

26 Counts Dismissed Against Former Executive Charged with Attempting to Manipulate and Corner the Propane Market

Represented a former vice president of an international energy corporation, whose duties included supervision of the natural gas liquids commodities trading bench. The client was the highest-ranking employee charged by the DOJ with attempting to manipulate and corner the propane market. The case was only the second effort by the DOJ to prosecute traders for manipulation and cornering under the Commodities and Exchange Act, allegations that traditionally have been resolved administratively by the U.S. Commodity Futures Trading Commission. In September 2009, the court dismissed all 26 counts against our client and his co-defendants.

Accountant Seeking Tort ‎Claims Against Former Employer After Being Kidnapped and Tortured Working Abroad‎

In 2008, Zuckerman Spaeder employees prevailed on behalf of plaintiff Azhar Khan’s rights to pursue his tort claims against his employer in court despite an employment arbitration clause, successfully arguing that he could not be compelled to arbitrate pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Accountant Seeking Tort ‎Claims Against Former Employer After Being Kidnapped and Tortured Working Abroad

Represented an accountant who was kidnapped and tortured while detained overseas by a construction firm in a suit over his employer’s refusal to pay his ransom or enable his family to secure his release. In two separate appeals to the U.S. Court of Appeals for the District of Columbia Circuit, the court issued rulings that permitted the client to pursue tort claims against his former employer in federal court, instead of an international arbitration forum, to seek recovery beyond workmen’s compensation benefits.

Antitrust Internal Investigation for Public Company

After FBI agents executed a search warrant at the headquarters of a public company and grand jury subpoenas were served on the company and a number of its executives, its board of directors convened a special committee. The committee retained Zuckerman Spaeder to conduct an internal investigation into possible criminal antitrust violations. After concluding our investigation, we reported to the committee.

Cardiologists in Disputes with Former Employer over Alleged Violations Non-compete

Zuckerman Spaeder lawyers represented several cardiologists in disputes with their former employer over alleged violations of their covenants not to compete. The cases settled, and the former employer did not pursue non-compete claims against other physicians who left.

Carpet Manufacturer in Class Action Lawsuit

We represent a carpet manufacturer and similarly situated class ‎members alleging that various distributors and manufacturers in the ‎carpet industry have engaged in an ongoing conspiracy to fix prices ‎of certain types of foam.

CEO in Qui Tam Case

We represented the chief executive of a health care company in a qui tam case involving allegations that the company and a leading pharmaceutical manufacturer engaged in violations of the False Claims Act, the Anti-Kickback Act, and off-label promotion of the manufacturer’s products. Persuaded the Department of Justice not to intervene, and reached a resolution pursuant to which all claims were dismissed against our client.

We represent a class of consumer borrowers alleging that their title insurance transactions were steered by kickbacks paid by a national title insurer in violation of the federal RESPA statute.

Class of Plaintiffs Against a Blue Cross/Blue Shield Entity Alleging a Conspiracy in Violation of the Sherman Act

We represent a class of plaintiffs against a Blue Cross/Blue Shield ‎entity alleging a conspiracy in violation of the Sherman Act. The ‎purpose of the alleged conspiracy between various Blue Cross/Blue ‎Shield entities is to maintain monopolies and artificially inflate ‎premiums paid by consumers by dividing geographic markets and ‎eliminating outside competition within those markets.

Successfully contested adverse administrative determination that precluded a health care provider from providing services as part of a groundbreaking nationwide study.

Corporate and Individual Investors in Dispute Over Ownership of Licensing and Management Documentary Series

Defending an investment company and its principals in a dispute over the ownership, licensing, and management of a multi-part television documentary series planned for broadcast on public television. After coordinating protracted litigation in multiple forums in the United States and Canada, we successfully navigated a contentious settlement process involving numerous third-party stakeholders. Ultimately, this resolution allowed postproduction work on the project to resume after a lengthy hiatus.

Defended Baltimore Institution in Action Brought By Software Provider

Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client’s transition to other software.

Descendants Seeking to Transfer Family Trust Assets Overseas

Represented the descendants of a prominent European business family that had established trusts around the United States after World War I to protect the family’s assets. For investment and tax reasons, the descendants sought to transfer the trusts’ assets overseas, and to avoid the effects of a federal law that was about to impose new taxes on the Baltimore-based trust. Working around the clock during a blizzard which shut down the City of Baltimore, we prosecuted an emergency hearing and trial in state court which led to the release of the trust and a complete victory for our clients.

Estate of National Football League Hall of Fame Member Mike Webster Who Suffered Brain Damage As a Result of Multiple Concussions, in the First Successful Lawsuit Against the NFL Pension Plan

We represented the estate of National Football League (NFL) Hall of Fame member and ex-Steelers great Mike Webster who suffered brain damage as a result of multiple concussions, in the first successful lawsuit against the NFL pension plan. The victory in that case paved the way for today’s public, media, litigation and legislative scrutiny of pro football’s concussion and disability crisis.

Zuckerman Spaeder has helped coordinate an international generic drug manufacturer’s efforts to assess and ensure regulatory compliance in foreign markets. In 2012, we negotiated a consent decree with the FDA, settling concerns that presented potential obstacles to drug approval. The consent decree strengthened Ranbaxy’s data integrity policies and its manufacturing practices, paving the way for the company to bring its products to market in the United States.

Health Care Executive in Medicare Investigation

Persuaded prosecutors not to bring charges against executive of health care firm arising from allegations of overbilling Medicare.

Investors in Production and Ownership Dispute Over Documentary Series

The firm recently settled a sharply contested litigation matter in which we represented corporate and individual investors in a dispute over the production and ownership of a long-form television documentary series for broadcast on public television.

IP Advice for Media Company

Advising a media company in connection with its unregistered trademarks and ‎copyrightable designs‎.

We represented Lloyd’s Underwriters in protracted, multi-state complex litigation over several billions of dollars in coverage for lead paint claims brought by several major paint manufacturers.

Loan and Partnership Restructuring for Multiuse Commercial Development

We represented the minority partner of a financially troubled multiuse commercial development project in eastern Pennsylvania. After we negotiated with ‎six banks and the majority partner concerning the ‎terms of six partnership agreements and eight project ‎loans, the loans ‎and partnerships were restructured.

Media Company Defending Registered and Unregistered Trademarks

Defending a media company’s registered and unregistered trademarks in connection with its website and online video streaming services.

Motion for Sanctions Accusing Law Firm of Serious Misconduct

Defended a law firm and several of its partners, who represented the plaintiff in a whistleblower action in the U.S. District Court for the District of Maryland, against a motion for sanctions filed by the defendants. The motion for sanctions accused the firm and its lawyers of serious misconduct, including the receipt of stolen confidential and proprietary information during the course of their representation of the plaintiff, and sought extraordinary financial sanctions against the firm and its lawyers.

Multinational Technology Company in Copyright Infringement Case

Prosecuting copyright infringement claims on behalf of a multinational technology ‎company and obtaining preliminary injunctive relief followed by a favorable settlement‎.

Multinational Technology Company in Copyright Infringement Case

Represented a multinational technology company in a copyright infringement action against a competitor for copying a source code in copyrighted software, achieving a favorable settlement with both permanent injunctive relief and the payment of damages.

National Law Firm in Federal Grand Jury Investigation and Subsequent Indictment

Represented a major national law firm in a federal grand jury investigation and the subsequent indictment. The charges were resolved by a deferred prosecution agreement that allowed the firm to continue in business without substantial harm to its innocent partners and employees.

Negotiating with Numerous Stakeholders to Achieve a Resolution of a Complex Governance Dispute

Negotiating with numerous stakeholders to achieve a resolution of a complex governance ‎dispute, thereby allowing our clients to resume work on a film project.

Negotiations Against Major Financial Services Firm's Use of Confusingly Similar Logos

Successful negotiations on behalf of a title insurer against a major financial services firm over the latter’s use of confusingly similar logos.

Advising the inventor of patented medical technologies regarding the scope and enforceability of agreements to assign the patents to his former employer.

Physician Charged with Tax Evasion

We defended at trial a physician against charges of tax evasion ‎after a search of his home and offices for evidence in an ‎unrelated investigation found records of his stock market activity ‎allegedly showing that he had failed to report capital gains. ‎‎‎

Defended one of the most prominent growth fund portfolio managers in the United States during the late 1990s in an SEC enforcement ‎proceeding alleging our client engaged in market timing in the mutual fund ‎industry. We defended the client in a bench trial, which ‎concluded with the judge declining to impose any barring order or civil money ‎penalties against our client.

We obtained a preliminary injunction requiring a D&O insurer to resume advancement of defense costs for a group of officers and directors of a hedge fund after the D&O insurer sued our clients to rescind the policy after one mid-level employee pleaded guilty to criminal charges.

President of Defense Contractor on Charges of Procurement

We represented the president of a defense contracting corporation on charges of procurement fraud in connection with building flight simulators for the armed forces. After persistent pre-trial motions attacking the indictment, the government dismissed its multi-count felony indictment in return for our client’s misdemeanor plea and a probationary sentence.

Protect Client Trademark From Competitors

Protecting a client’s trademarks against an infringing competitor by monitoring the marketplace and issuing cease-and-desist letters.

Publicly Traded Health Care Provider in Fraud Investigation

Represented a national health care provider in a False Claims Act ‎investigation of alleged overbilling following major regulatory ‎changes in Medicare reimbursement rules for the client’s core business.

We were lead counsel for a putative class of over 2300 retirement plans whose plan assets were entrusted to First Mercantile Trust (FMT). The case alleged that FMT charged unauthorized and undisclosed fees against the assets of its plan clients, in violation of FMT’s fiduciary duties under the Employee Retirement Income Security Act (ERISA) and other federal statutes. The Plaintiffs settled the case for a total of $18 million, and changes in the way FMT handled the disclosure and charging of fees to its pension plan clients.

We represented a construction firm in a five-year federal grand jury investigation of minority business enterprise fraud. Our client avoided prosecutions or civil actions against the firm or any of its employees.

We represented a class of nursing home residents challenging Maryland’s refusal to provide deductions for Medicaid recipients’ pre-eligibility medical expenses for long-term care. The settlement – one of the two largest settlements or judgments ever against the State of Maryland – will pay up to$16 million for the benefit of the class and bring the state into compliance with federal law.

Represented Family of Individual Whose Death Was Caused by Defective Doors on the Ford Truck He Was Driving

We represented the family of an individual whose death in an industrial truck accident was caused by defective doors on the Ford truck he was driving. The product liability and crashworthiness case was settled on confidential terms on the eve of trial. The firm developed significant evidence that was used by lawyers in multiple other cases where serious injury or death was caused by the same defect in other Ford vehicles. We also represented the family in claims against the mining company whose poorly designed and maintained road caused the accident in the first place.

Represented Ohio Attorney General and Several Other State Attorneys General in Landmark Proceedings Against Countrywide

We represented the Ohio Attorney General (and several other state attorneys general) in the landmark proceedings against Countrywide (and its parent Bank of America) which in 2008 resulted in mortgage modifications and other relief valued at some $8.6 billion.

Represented Plaintiffs Who Won Enforcement of a Highly Favorable Pension Plan Amendment

We represented plaintiffs who won enforcement of a highly favorable pension plan amendment, defeating claims that it was the product of a federal labor racketeering conspiracy and resulting in one of the largest ERISA judgments ever in the 4th Circuit.

Retailer in Antitrust Matter Involving State Wholesale Pricing Regime

Represented a retailer in a series of rulings by the U.S. Court of Appeals for the Fourth Circuit that enjoined the state of Maryland from implementing its wholesale alcoholic beverage pricing regime on the ground that it violated federal antitrust laws.

Shareholder Derivative Action on Behalf of City National Bank Against its Officers and Directors for Breaches of Fiduciary Duty

We prosecuted a shareholder derivative action on behalf of City National bank against its officers and directors for breaches of fiduciary duty related to the bank’s subprime lending, resulting in substantial losses to the bank. The case settled in 2004 for $9 million.

Shareholder Derivative Suit on Behalf of National Bank Against its Officers and Directors for Breaches of Fiduciary Duty

We prosecuted another shareholder derivative suit on behalf of a national bank against its ‎officers and directors for breaches of fiduciary duty related to bank’s lending to a mobile home dealer that resulted in substantial losses to the bank. The case settled for approximately ‎‎$10 million.

Soccer Team Owner in Zoning Challenge Involving Arena Advertising

Represented the owner of Baltimore’s major league indoor soccer team in a case involving a challenge to zoning legislation allowing the placement of general advertising signs on the façade of the city-owned 1st Mariner Arena to provide advertising revenue to the owner of the team comparable to advertising revenue provided to other major league teams in Baltimore. The case was litigated for more than seven years, including multiple appeals to the Maryland Court of Special Appeals and Court of Appeals, and resulted in the approval of the zoning legislation enacted by the mayor and the city council for the benefit of the owner of the soccer team.

Software Firm in Trade Secrets Claim

Defending a software firm and other clients against trade secret claims arising from replacement of the plaintiff firm's facilities management software system.

Our attorneys successfully brought an antitrust claim on behalf of a retailer claiming that the state of Maryland’s regulatory scheme was a form of horizontal price fixing in per se violation of the Sherman Act. The case resulted in a federal district court injunction against the state of Maryland’s wholesale price regulations, which was affirmed by the Court of Appeals for the Fourth Circuit. During the course of the litigation the Court of Appeals issued four separate opinions involving, and eventually rejecting, the state’s 21st Amendment defense to the anticompetitive price restraints.

Summary Judgment in Complex Litigation Against National Cable ‎Television Firm

Obtained summary judgment in complex litigation against a national cable television firm brought by a minority owner of a large cable television franchise seeking millions of dollars for breach of contract, fraud, and other torts.

Technology Manufacturer in Potential Patent Lawsuit

Counseling a technology manufacturer regarding potential claims by a competitor over an assignment of certain patent rights.

Trade Secret and Related Claims Against Government Contractor

Prosecuted trade secret and related claims against a major government contractor replacing predecessor counsel after the complaint was dismissed, defeating a ‎motion to dismiss an amended complaint and developing critical evidence in discovery that led to a ‎favorable settlement. ‎

Trade Secret and Related Claims Against Government Contractor ‎

Prosecuting trade secret and related claims against a major government contractor. We replaced predecessor counsel after the complaint was dismissed, and after defeating a motion to dismiss an amended complaint and developing critical discovery we achieved a favorable settlement.

Prosecuting trademark infringement and false advertising claims against a competitor of ‎our clients, resulting in an early financial settlement. ‎

Zoning Challenge to Waterfront Development Project

Represented the owner of a multi-use, waterfront development project in Baltimore’s Inner Harbor in a suit brought by adjacent property owners challenging the zoning legislation authorizing the development.